Advice to Ashurst

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Enquiry

From
Ashurst
Date advice given
31 January 2011
Enquiry type
Phone

Is there is any 'penalty' fee payable if an applicant withdraws an application to the IPC for development consent after it has been accepted by the Commission in accordance with s.55 of the Planning Act 2008

Advice given

In answer to your question, in summary, no such 'penalty' fee(s) is payable.

The Infrastructure Planning (Fees) Regulations 2010 (the Fees Regulations) sets out the fees payable by applicants under the 2008 Act regime, including those payable on submission of an application for development consent and following formal acceptance of such an application. Both of these fixed fees are payable prior to examination of the application.

The following table is copied from the DCLG Guidance on the Fees Regulations. This table sets out when each fee, in relation to an application for a development consent order, is payable, the amount of each fee and the estimated total costs for typical cases. It also sets out the fees payable for requests made to the IPC under s.52 and s.53 of the 2008 Act.

(Table can be viewed here http://www.communities.gov.uk/documents/planningandbuilding/pdf/infrastructurefeesguidance.pdf)

It should be noted that the Fees Regulations do not include a mechanism for the refund of any of the fees payable to the Commission. Although, as noted above, no 'penalty' fee is payable, it is possible, for example, that the withdrawal of an application for development consent after the Preliminary Meeting (held following acceptance of an application by the IPC) might amount to unreasonable behaviour which may result in an 'award of costs' by the Commission against another party. An application for an award must explain how the other party has behaved unreasonably during the examination, and why that unreasonable behaviour means they should pay (or contribute to) costs incurred by another party. In this regard, please see the link below to the IPC's Awards of Costs Policy, in particular paragraph B3 of the Annex to this document.